Acts. 293

Families, but their own Labour and Industry, or any single Person,
whether Tradesmen or otherwise, not having a visible Estate, to
tipple or game, in such Ordinary, other than such as shall be invited
by any Traveller, and shall accompany him, only during his necessary
Abode or Stay there, and other than Persons travelling upon their
necessary Occasion, (so far distant from their own Habitations as
may render it impracticable or inconvenient to repair thither,) to
take their Diet, and other necessary Accomodations, in such Ordin-
ary, and other, than such as may happen to be confined in such
Ordinary, by Sickness, severity of Weather, or other Accident, on
Pain of not being paid for any Liquor, or other Accomodations,
which such Ordinary-keeper shall supply such Person with, or which
shall be lost by any such Person, at any Game.
Provided always, That no Ordinary-keeper shall be restrain'd from
supplying any of the Persons herein before-mention'd, with Victuals
or Liquors, in moderate and necessary Quantity, so as no Ordinary-
keeper shall trust any such Person, for more than Five Shillings, or
the Value thereof, in any one Year, except in such Cases, as herein
before-mention'd; to be judged of by any Judicature, having Cogni-
zance of any Dispute concerning such Expences.

Session
Laws

And be it Enacted, by the Authority aforesaid, That in any Action
in a Court of Justice, or Dispute before a single Magistrate, between
any Ordinary-keeper and any Person in this Act described, such
Court, and the Jury, in any Tryal by a Jury, or Single Magistrate,
shall, by Virtue of this Act, consider and enquire, whether any Debt,
so sued for, or claimed, before a single Magistrate, be contracted con-
trary to the true Intent and Meaning of this Act; and if it shall ap-
pear to such Court, Jury, or Magistrate, that such Debt was con-
tracted contrary to this Act, that then the Plaintiff be nonsuit, and the
Defendant recover his Cost of Suit; and that in Case any Action or
Demand shall be brought, on any Obligation, under the Hand and
Seal of any such Person, or upon any Note or Writing, under the
Hand only of the Defendant or Debtor, or if any such Note shall be
given in Evidence to support such Action or Demand, it shall and
may be lawful for the Defendant or Debtor, in every such Action or
Demand, to plead the General Issue, that he doth not owe, or did
not assume to pay, such Debt or Claim; and that then, and in every
such Case, Action, or Demand, it shall be incumbent on the Plaintiff
to prove, for what Consideration such Obligation or Note was past ;
and if such Plaintiff does not prove the same not to have been past
for some other Consideration than Liquor, or other Accomodations
sold, or lost as aforesaid, or prove, that such Liquor, or Accomoda-
tions, was absolutely necessary, and not sold or furnished contrary to
the true Intent and Meaning of this Act, the Plaintiff shall be non-
suit, and the Defendant shall recover the Cost or Suit.

p. 14